DECEMBER 2007 ISSUE No.10

Guest Contribution

Message from the Secretary for Justice Message from the Chief Secretary for Administration The "One Country,Two Systems" principle is an unprecedented and the Chairman, Basic Law Promotion Steering concept. The successful implementation of the Basic Law in Committee the past decade has borne witness to the undisputed achievement of our new constitutional order. has The Basic Law, implemented since 1997, has laid a solid foundation overcome numerous challenges in the past ten years and for the development of Hong Kong in various aspects, and has fully achieved outstanding results. One of the keys to this success is the rule of law. While being an inseparable part of , embodied the long-term policies of the Central Authorities towards the laws previously in force in Hong Kong have been Hong Kong in implementing "One Country,Two Systems", "Hong maintained. Hong Kong also exercises independent judicial power, including that of final Kong People Ruling Hong Kong" and a "High Degree of Autonomy". adjudication. Ever since the Reunification, Hong Kong has been forging closer ties with The Basic Law has mapped out concrete arrangements to facilitate the Mainland, and there is increasing exchange and co-operation between the legal systems in Hong Kong and the Mainland.We are delighted to witness the successful implementation Hong Kong's smooth transition in 1997 and has maintained various of the "One Country,Two Systems" principle as the cornerstone of Hong Kong's prosperity systems which underpin Hong Kong's success. In the past decade, and stability. Hong Kong has faced different challenges such as the Asian financial crisis. With the support of our motherland, and capitalizing

on our own advantages, Hong Kong has recovered from the adversities.

Under the Nation's 11th Five-Year Plan, Hong Kong will continue to Wong Yan Lung maintain our status as an international financial, trading and shipping

centre. With the support of the Central Authorities and the efforts of the Government of the Hong Kong Special Administrative Region, I Message from the Secretary for Constitutional and Mainland Affairs believe that Hong Kong will be able to leverage on the opportunities The Hong Kong Special Administrative Region has made a provided by the Basic Law and the "One Country,Two Systems" number of remarkable achievements in the past ten years. principle and continue to play our unique role and contribute to the These include, for example, progress in economic restructuring, future development of our motherland. growing participation in international affairs, and perfection of the electoral systems. In all aspects, the Basic Law has laid a strong foundation for Hong Kong to leverage on opportunities for further development. The Government of the Hong Kong Special Administrative Region will continue to strengthen co-operation with different sectors of the community, so as to maintain stability and prosperity in accordance with the Basic Law.

Henry Tang

Stephen Lam

P2 P3 DECEMBER 2007 ISSUE No.10

Guest Contribution

Message from the Secretary for Justice Message from the Chief Secretary for Administration The "One Country,Two Systems" principle is an unprecedented and the Chairman, Basic Law Promotion Steering concept. The successful implementation of the Basic Law in Committee the past decade has borne witness to the undisputed achievement of our new constitutional order. Hong Kong has The Basic Law, implemented since 1997, has laid a solid foundation overcome numerous challenges in the past ten years and for the development of Hong Kong in various aspects, and has fully achieved outstanding results. One of the keys to this success is the rule of law. While being an inseparable part of China, embodied the long-term policies of the Central Authorities towards the laws previously in force in Hong Kong have been Hong Kong in implementing "One Country,Two Systems", "Hong maintained. Hong Kong also exercises independent judicial power, including that of final Kong People Ruling Hong Kong" and a "High Degree of Autonomy". adjudication. Ever since the Reunification, Hong Kong has been forging closer ties with The Basic Law has mapped out concrete arrangements to facilitate the Mainland, and there is increasing exchange and co-operation between the legal systems in Hong Kong and the Mainland.We are delighted to witness the successful implementation Hong Kong's smooth transition in 1997 and has maintained various of the "One Country,Two Systems" principle as the cornerstone of Hong Kong's prosperity systems which underpin Hong Kong's success. In the past decade, and stability. Hong Kong has faced different challenges such as the Asian financial crisis. With the support of our motherland, and capitalizing on our own advantages, Hong Kong has recovered from the adversities.

Under the Nation's 11th Five-Year Plan, Hong Kong will continue to Wong Yan Lung maintain our status as an international financial, trading and shipping centre. With the support of the Central Authorities and the efforts of the Government of the Hong Kong Special Administrative Region, I Message from the Secretary for Constitutional and Mainland Affairs believe that Hong Kong will be able to leverage on the opportunities The Hong Kong Special Administrative Region has made a provided by the Basic Law and the "One Country,Two Systems" number of remarkable achievements in the past ten years. principle and continue to play our unique role and contribute to the These include, for example, progress in economic restructuring, future development of our motherland. growing participation in international affairs, and perfection of the electoral systems. In all aspects, the Basic Law has laid a strong foundation for Hong Kong to leverage on opportunities for further development. The Government of the Hong Kong Special Administrative Region will continue to strengthen co-operation with different sectors of the community, so as to maintain stability and prosperity in accordance with the Basic Law.

Henry Tang

Stephen Lam

P2 P3 DECEMBER 2007 ISSUE No.10

The Focus Guest Contribution

Message from the Secretary for the Civil Service The Basic Law A Decade On:

The Basic Law is the constitutional document for the Hong Implementation Challenges and Kong Special Administrative Region. It is closely related to Future Outlook the everyday life of all Hong Kong citizens. Civil servants in the Hong Kong Special Administrative Region have always INTRODUCTION placed great importance on the rule of law; and their knowledge and understanding of the Basic Law is essential In the past decade, the interpretation and to ensure effective governance under the rule of law. Adhering implementation of the new constitutional order to the principle of "Understanding One Country and has led to some controversies and a series of and prosperity for the HKSAR. Continuity Implementing Two Systems", the Civil Service Bureau has, over the past decade, organized judicial reviews. This is totally understandable after the change of sovereignty is therefore extensive training activities on understanding our Country and the Basic Law for all ranks since the Basic Law is not only an overriding of vital importance. of civil servants. I am confident that civil servants will continue to enhance their knowledge constitutional document, but also covers almost of the Basic Law and work for the prosperity and stability of Hong Kong. all aspects of Hong Kong, including its political ... and economic systems and people's livelihood. The Basic Law is a unique document. It In the first constitutional challenge against the reflects a treaty made between two nations. Basic Law after Reunification, HKSAR v Ma Wai It deals with the relationship between the Kwan, David [1997] HKLRD 761 at 772I-773B, sovereign and an autonomous region which Mr Justice Chan, the then Chief practises a different system. It stipulates Denise Yue Judge of the , said: the organizations and functions of the different branches of government. It sets out the "The Basic Law is not only a brainchild of rights and obligations of the citizens. Hence, an international treaty, the Joint Declaration. Message from the Convenor,Working Group on it has at least three dimensions: international, Civil Servants, Basic Law Promotion Steering It is also a national law of the PRC and the domestic and constitutional." Committee constitution of the HKSAR.It translates the basic policies enshrined in the Joint These legal challenges are not unique to Hong The principles of "One Country" and "Two Systems" are Declaration into more practical terms. The Kong. The government of every jurisdiction that is complementary. The successful implementation of the "One essence of these policies is that the current open and pluralistic will face legal challenges. The Country,Two Systems" principle is highly relevant to civil social, economic and legal systems in Hong Basic Law has provided the HKSAR with a skeleton servants. Civil servants have strengthened their understanding Kong will remain unchanged for 50 years. on which muscles and tendons should be developed of the motherland, consolidated the concept of the nation, using concrete experience, local legislation and the and strictly followed the Basic Law and the spirit of the rule The purpose of the Basic Law is to ensure of law in serving the community. It is my sincere wish that civil servants will continue to that these basic policies are implemented jurisprudence of local courts to form a well-developed uphold the principle of "One Country,Two Systems" and dedicate their utmost efforts to and that there can be continued stability body. the development of Hong Kong and China.

Ma Fung Kwok

P4 P5